• Features

    The High Bar for Challenging an Improperly Revived Patent

    Scott D. Locke

    The recent In Re Rembrandt Technologies decision is a reminder of both the potential consequence of a patent holder’s disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.

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  • Features

    Fair Use, First Sale and Marilyn Monroe

    Robert W. Clarida and Robert J. Bernstein

    Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

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  • Features

    Non-Traditional Trademarks: The Elusiveness of Branding a Trend

    Olivera Medenica

    A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor’s non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.

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  • Features

    PTO Gives Iancu More Control over PTAB Precedents

    Scott Graham

    The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu’s control over the 250 administrative patent judges and their policy-making, while making that control more transparent.

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  • Columns & Departments

    IP News

    Howard Shire and Adam Fischer

    Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness
    Federal Circuit: Framework for ‘Overlapping Cases’ Applies in IPR

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